Queen v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

This is an appeal from a conviction for delivery of marihuana, a controlled substance. Punishment was assessed by the jury at eight years confinement in the Texas Department of Corrections and a fine of $5,000. Appellant’s petition for discretionary review was granted in order for this Court to consider appellant’s first ground of error, stated as follows:

“The Court of Appeals incorrectly held that the trial court properly overruled appellant’s motion to set aside the indictment for failure to state the type of *340delivery…